[Also available on LinkedIn.] Applications for naturalization (on Form N-400) can suffer from the same delays that other immigration applications endure. But for N-400 applicants who finished their interview, Section 336(b) of the Immigration and National Act, 8 USC § 1447(b), provides for a very specific (and powerful) cure. According to the statute: If there […]
Where are Mandamus/APA Lawsuits to Correct Immigration Delays and Denials Filed? (Video)
Lawsuits to address immigration delays and denials are filed in Federal District Court. That is because immigration law is all federal. As to which district court, this is guided by 28 USC Section 1391. According to the law: A civil action in which a defendant is an officer or employee of the United States or […]
Where are Mandamus/APA Lawsuits to Correct Immigration Delays and Denials Filed?
[Also available on Reddit.] Lawsuits to address immigration delays and denials are are filed in Federal District Court. That is because immigration law is all federal. As to which district court, this is guided by 28 USC Section 1391. According to the law: A civil action in which a defendant is an officer or employee […]
High Denial Rates For L-1B Petitions And What You Can Do About It (Video)
This looks ripe for some successful APA lawsuits to contest some of these denials. Given the surge in denials, I suspect many of these are arbitrary.
Why Litigating Immigration Delays and Denials Can be Cost-Effective (Video)
Federal litigation has a well deserved reputation for being costly and lengthy. Many types of federal litigation involve extensive motion practice, burdensome discovery and wasteful sideshows over minor disputes. All of this adds up to significant attorney time and significant client cost. Immigration litigation is different. It’s typically cost-effective, straightforward and fast. Why? There are […]
Who Has Standing to Sue in Federal Court to Challenge an Unreasonable Immigration Delay or Denial? (Video)
Only those who have “standing” – the legal authority to sue – can file a lawsuit. For immigration applications that have a petitioning sponsor and a beneficiary, the petitioner always has standing to sue. Numerous courts have held that beneficiaries also have standing to sue, but that is not universal. The best practice is have […]
USCIS Policies Lead to High Denial Rates for L-1B Petitions
[Also available on LinkedIn.] This looks ripe for some successful APA lawsuits to contest some of these denials. Given the surge in denials, I suspect many of these are arbitrary. https://www.natlawreview.com/article/uscis-policies-lead-to-high-denial-rates-l-1b-petitions
Certainty and Mandamus Lawsuits For Immigrants (Video)
Mandamus lawsuits are effective tools used to efficiently force an adjudication of an unreasonably long delayed immigration application. One common concern that immigrants have when deciding whether to file one is how certain they can be it will work. The answer is that mandamus cases produce positive results for most people that file them assuming […]
Can You Have a Federal Court Review a Final USCIS Denial Without First Appealing to the AAO? (Video)
Most likely, the answer to this question is yes. You can skip appealing to the Administrative Appeals Office (AAO) as long as there is no statute or regulation that explicitly requires an administrative appeal. The majority of regulations governing USCIS petitions and applications do not require an AAO appeal. This standard was set (with more […]
The Value of Mandamus Lawsuits for Immigrants and Their Families (Video)
Mandamus lawsuits are tools immigrants can use to force the Government to quickly adjudicate a case that has been unreasonably delayed. These delays can cause families to be separated, jobs to be lost and a whole host of other negative issues. By filing a mandamus case, you are suing the Government in federal court to […]